Appeal No. 1998-0045
Application 08/699,135
variety of surfaces without the need for any other hanging
hardware (such as a hook or nail).
Claims 9 through 11 and 13 stand rejected under 35
U.S.C. § 103 as unpatentable over Transport and Sy, Jr. as
applied to claims 1 through 8 and 12 above, and further in
view of Plante. Plante has been cited to show a figure eight-
shaped wire to affix a card to a suction cup. The examiner
concludes that it would have been obvious to one of ordinary
skill to apply such a wire to the device of Transport to
securely retain the ornament on the suction cup.
OPINION
We have carefully reviewed the rejections on appeal
in light of the arguments of the appellant and the examiner.
As a result of this review, we have determined that the
applied prior art does not establish a prima facie case of
obviousness with respect to the claimed subject matter.
Consequently, we reverse the rejections on appeal. Our
reasons follow.
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